Leach v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Hannibal Court of Common Pleas:• Hon. John T. Redd, Judge. (1) The plaintiff could not recover on an implied promise to pay for the services rendered. The services being rendered by plaintiff, while in the employment, the law implies that the services were rendered under the contract of employment, unless the contrary be shown.
Read the full summary
Appeal from, Hannibal Court of Common Pleas:• Hon. John T. Redd, Judge. (1) The plaintiff could not recover on an implied promise to pay for the services rendered. The services being rendered by plaintiff, while in the employment, the law implies that the services were rendered under the contract of employment, unless the contrary be shown. Ross v. Hardin, 79 N. Y. 85; Wood on M. & S.3 sec. 90 ; Stansbury •». United btates, 1 Ct. of Cl., 123 ; Smith on Master and Servant (3 Eng. Ed.) 130; Guthrie v. Merrill, 4 Kan. 187. (2) The receipts offered in evidence were prima facie evidence of payment…
1Opinion of the CourtRay, J.
— The respondent was, for a number of years *29prior to 1878, in the appellant’s employ as agent to settle claims for stock killed or injured on the railroad, and as assistant for Mr. Carr, who was the general attorney of appellant, and for his services in .these behalfs, received a regular salary. During the time of said employment, respondent was appointed and qualified as a notary public, and as such took the acknowledgment of numerous deeds, by defendant, through its land commissioner, and also certified to affidavits' of appeals, and also to answers in garnishment made by the appellant,…
2Cited by7 opinions
- State Ex Rel. H. K. Porter Co. v. NangleMissouri Court of Appeals · 1966
- Wood v. Kansas CitySupreme Court of Missouri · 1901
- Henderson v. Brown Electrical Supply Co.Missouri Court of Appeals · 1977
- State ex rel. McNulty v. EllisonSupreme Court of Missouri · 1919
- McNulty v. Kansas CityCourt of Appeals of Kansas · 1919
2 more not listed; retrieve them via the Exa API.